Comment

Representation ID: 65608

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

[Report by Link Support Services on behalf of Bishop's Tachbrook Parish Council. The report comments on the suitability of the site use as Gypsy and Traveller in two parts - a general assessment and a detailed commentary on WDC's own assessment of the site ].


Commentary on WDC Site Assessment Criteria:

1-Landscape character

GTalt01 does correlate to one or more of the descriptions contained within Policy H of the Planning Policy for Traveller Sites which adds weight to its 'preferred' status.

2-Nature conservation designation

The site has an important role within the wider ecological and biodiversity setting of the area. This factor weighs against the site in terms of any strategic sustainability appraisal as required at draft submission stage. This weight would however be reduced (acknowledging the lawful use of the site and) dependent on the design and effectiveness of mitigation strategies referred to in the Habitat assessment report [submitted in support]:
'If the site is developed it is recommended that a buffer should be retained with a wildlife corridor along the Tach Brook'.

3-Historical Designation
'Fieldscapes. Very large post war fields/Woodland, broad leaved plantation' (ll WDC site assessment comments GT15)

4-Infrastructure requirements

BTPC to clarify with WDC all potential infrastructure requirements (including land re-levelling) so that feasibility and cost benefit calculations could be assessed. This should be done prior to the site becoming a shortlisted site at the draft submission stage. Further information regarding the supply of electricity, gas, and waste disposal facilities are required (as a long term residentially occupied site) if this site is to remain a 'preferred' site. Such information would give confidence to BTPC, WDC, the Inspector at 'Examination in Public' and any prospective developer that the site is deliverable.

5-Ecology

Agree that site has an important role within the wider ecological and biodiversity setting of the area and that the provision of a broad buffer zone and wildlife zone is feasible and would provide a useful mitigation approach to protect and preserve valuable ecology and biodiversity around the perimeter of the site.

BTPC should require further information as to the current ecological status of the site and seek appropriate independent reports.

BTPC should require conditions to protect and minimise the impact on local bio-diversity and protected species.

6-Flood Risk

WDC has confirmed that 'The Environment Agency's flood map shows that there is potential flooding to the north and along part to the south of the site. Tach Brook runs along the northern boundary. However, the site itself is on higher land and is not in flood zones 2 or 3 (email 3rd April 2014)
This may well alleviate concerns regarding flooding and a more detailed assessment may well be undertaken at any planning application phase and BTPC may wish to offer a view on this at the appropriate point in time.

7-Contamination and other constraints

This is a former landfill site and there are known contamination issues on the site. It is a gassing landfill site which was filled between 1971 and 1990.

Published documentation suggests that 'planning conditions on the existing permission deal with issues of contamination'

BTPC may wish to seek confirmation that (a) such conditions are relevant to a fully occupied residential site (b) the likely 'venting and monitoring' requirements of site for occupational use and (c) the best way of achieving the potentially complex site (and health) monitoring requirements - particularly given that the site might be populated with a number of highly vulnerable people.

WDC may also wish to comment on whether the management of this site and these issues should be located within an accountable structure of governance (e.g. specialist Housing Association provider).

[Design]:

Planning Policy for Traveller Sites - Department for Communities and Local Government 2012 (PPfTS) states that when assessing sites in a rural or semi-rural setting, site development must accord with the design principals and specific issues contained in Designing Gypsy and Traveller Sites, Good Practice Guide, DCLG (May 2008).

Recommend that WDC provide a clear statement or design brief for the site. This will either eliminate the site from further consideration or else provide greater confidence to WDC, an Inspector at Examination in Public or a prospective developer. Given that the site is being assessed as part of a shortlisting process we feel that this key matter should not be left to the Planning Application stage.

[Noise]:

The relative close proximity of the site to a busy main road may give rise to increased levels of noise nuisance. The effects of noise nuisance on occupants sleeping in vulnerable structures (as a long term arrangement as opposed to a short holiday experience) at this site is unknown and should be investigated further (as part of the design requirements) if the site is to remain a 'preferred' site.

[Heritage]:

Archaeology:

It is noted that the 'Warwickshire County Council archaeology officer comments are awaited and will contribute to the evidence base when available'. (WDC email 3rd of April)

No assessment is therefore currently available as to this facet of the site. It is probably the case however that the significant and prolonged disturbance at the site (associated with extended use as a landfill) will have reduced the archaeological value of the site.

Potential Impact on setting of Listed Buildings:

The Warwick Society has previously stated in 2008 (whilst commenting on Planning Application W2008/1528 - Brookside Willows Ltd. Banbury Road) that
'the boundary of the Grade 1 listed Warwick Castle Park is on the opposite side of the Banbury Road to the development and it is obligatory that the setting of the Park should not be adversely affected by it.

Impact on Landscape Character:

English Heritage must be consulted in the event that a:
'Development (is) likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens) and which is classified as Grade I or Grade II* (Schedule 5 paragraph (p) of the Town and Country Planning (Development Management Procedure) (England) Order 2010) 37

WDC and English Heritage should clarify the extent to which the site affects the setting of Castle Park and be satisfied, subject to any necessary mitigation, that no harm would result.

8-Potential Site Expansion

Although BTPC did not object to the above mentioned Planning Application it did express concern that controls should be in place to ensure that the site did not spread into 'fresh fields' beyond the current boundaries (see below).

Related to this point BTPC may ask for WDC to clarify how they would accommodate future family growth needs on this site given flood zone restrictions. BTPC may wish to make a similar point to WDC in association with those raised here.

Would caution that in any consideration of a planning application WDC would only be able to consider the application as presented.

The representations made by BTPC on the previous planning application stated:

'Owing to the 20-plus years of planning application history for this particular change of use it is not reasonable for us to demand that those policies are upheld in this instance. For the same reasons (the Rural Area Policies of the Local Plan) the council is concerned about possible future growth of the caravan park into fresh fields, and we ask the planning officer to impose conditions that inhibit the growth of the caravan park beyond the current boundary'.

9-Agricultural land quality

Given the previous uses of the site we would caution reliance on the classification (Grade 2 and 3) in this case

10-How visible and open in character is the site?

Trees have been recently removed from the front perimeter area - increasing the openness of the site.

Currently there is a long line of 'herras' steel temporary fencing along the frontage. To compensate for the loss of the trees (and avoid a prominence in the street scene/ landscape) a revised screening strategy would be required as part of a new site design layout.

This is also an important facet of the site given the importance of the 'setting' of the site.

Recommend that BTPC request design details from WDC/ developer as part of any conditional support for this site.

11-Can the site be visually screened adequately?

See previous comments

12-Is the site close to other residential property?

There are other residential properties fairly close to the site. Dependent on the screening provision this factor has the potential to affect the visual amenity of these residents and the occupants of this site

13-How far away is the primary road network?

Banbury Road runs along the western boundary of the site and the site is close to the primary road network

14-Distance to GP surgeries, schools, dentists, hospitals, shops, community facilities?

Although the site is 'close to the urban area' there are only (relatively) short sections of (new) footpaths extending north and south of the site with no formalised or informal pedestrian walkways or cycle-ways further along this busy stretch of road and into Warwick. The site offers a lack of choice of modes of transport for occupants and/or visitors. The site would therefore - most likely - be car dependent. This weighs against the site in terms of sustainability.

15-Availability of School Places:

WDC has stated on various occasions that 'school places are available' or will be built as part of the local plan. Local opinion tends to disagree with the level of current provision and feels that 'local schools are full'. It may be appropriate for BTPC to discuss with Governors and others the actual picture with perhaps the provision of accurate/ transparent statistical data to be fed into the consultation process to demonstrate availability of places. Information should also be made available as to when new schools will be built and new places available as this also may affect the likely deliverability of the site

16-Is the potential site on previously developed land?
Yes

17-Access issues

[Satisfactory access arrangements can be made]

18-Level site?

No

Design statement required for the site which addresses the issue of any issue of any site levelling requirement and access for people with mobility difficulties who occupy the site on a long term basis and to ensure that the site is well laid out and landscaped.

19-Suitable Size

'Given that the site has 'capacity for 15 pitches' it would be helpful for WDC to explain why [limit of 10 suggested by WDC] the additional 5 pitches would not be appropriate in the event that this site was developed for residential G&T purposes.

20-Availability

The intentions of the owner (regarding the possible sale of the site or acting as a traveller site developer) are unknown and BTPC are advised to seek clarification from the owner and/or WDC.

21-Deliverability

It is agreed that with the land owners agreement [and subject to appropriate steps taken to adhere to previous planning decision conditions regarding possible gassing] that the site could be delivered quickly.

22-Conclusions

It is evident that the site performs well in many areas as a potential traveller site and indeed some residents engaged in the previous WDC consultation process nominated this site for consideration. In addition:

(a) the site has approved use for similar use to that which is proposed and

(b) BTPC did not previously object to the use as a caravan site.

For these reasons we would recommend that BTPC should welcome further discussion of this site as a potential traveller site to understand

* the owners position and

* whether the issues raised above can be mitigated and addressed

WDC's view as to how the site will be developed and managed in the future (e.g. Housing Association) as this was clearly a preferred option from our local community engagement events